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(a) "Official certificate" means any form of certification, either written or printed, used under this part to certify with respect to the sampling, inspection, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).

(b) "Official memorandum" means any initial record of findings made by an authorized person in the process of grading, inspecting, or sampling pursuant to this part, any processing or plantoperation report made by an authorized person in connection with grading, inspecting, or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.

(c) "Official mark" means the grade mark, inspection mark, and any other mark, or any variations in such marks, approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded or inspected or both, or indicating the appropriate U.S. Grade or condition of the product, or for maintaining the identity of products graded or inspected or both under this part, including but not limited to, those marks set forth in §§ 70.90 through 70.93.

(d) "Official identification" means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condition specified in this part or any symbol, stamp, label, or seal indicating that the product has been officially graded or inspected and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.

(e) "Official device" means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof.

[20 F.R. 9896, Dec. 23, 1955, as amended at 29 F.R. 7859, June 20, 1964]

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as the Secretary may require in the administration of the regulations in this part. The Administrator is authorized to waive for limited periods any particular provisions of the regulations to permit experimentation so that new procedures, equipment, and processing techniques may be tested to facilitate definite improvements and at the same time to determine full compliance with the spirit and intent of the regulations. The Agricultural Marketing Service, its officers and employees, shall not be liable in damages through acts of commission or omission in the administration of this part.

[20 F.R. 1195, Feb. 26, 1955, as amended at 20 F. R. 4764, July 6, 1955]

§ 70.4 Grading and inspection service available.

The regulations in this part provide for the following kinds of service; and any one or more of the different services applicable to official plants may be rendered in an official plant:

(a) Grading of live poultry.

(b) Certification of dressed poultry produced under sanitary requirements in official plants.

(c) Grading of dressed poultry in an official plant or at other locations with adequate facilities.

(d) Inspection service in an official plant or at other locations with adequate facilities.

(e) Grading of ready-to-cook poultry in an official plant or at other locations with adequate facilities.

(f) Grading of poultry food products in official plants.

[29 F.R. 7859, June 20, 1964]

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class, quality, quantity, or condition or any combination thereof. Grading service with respect to determination of quality of products shall be on the basis of United States classes, standards, and grades as contained in Subpart C of the regulations in this part. However, grading service may be rendered with respect to products which are bought and sold on the basis of institutional contract specifications or specifications of the applicant and such service, when approved by the Administrator, shall be rendered on the basis of such specifications.

(18 F. R. 6914, Nov. 3, 1953, as amended at 22 F.R. 8168, Oct. 16, 1957, 29 F.R. 7859, June 20, 1964]

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All grading service and all inspection service shall be subject to supervision at all times by the responsible station supervisor, State supervisor, circuit supervisor, area supervisor, and national supervisor. Such service shall be rendered in accordance with instructions issued by the Administrator where the facilities and conditions are satisfactory for the conduct of the service and the requisite graders and inspectors are available. Whenever the supervisor of a grader has evidence that such grader incorrectly graded a product, such supervisor shall take such action as is necessary to correct the grading and to cause any improper grade marks which appear on the product or containers thereof to be corrected prior to shipment of the product from the place of initial grading. [26 F.R. 6707, July 27, 1961]

$ 70.14 Dressed poultry; eligibility.

Except as otherwise provided in this section, dressed poultry may be graded or inspected under the regulations in this part only if it was processed in an official plant in accordance with the regulations

in this part, or in Part 81 of this chapter, or was imported from a country with an inspection system approved by the Administrator. Squabs and domesticated game birds (including, but not being limited to, quail, grouse, pheasants, and wild species of ducks and geese) which were not dressed in an official plant may be brought into an official plant for grading or inspection. In order to facilitate distribution thereof, dressed poultry from other than official plants may be brought into an official plant in instances where the Service has determined that such dressed poultry will be adequately segregated and its form and identity maintained until it is shipped from the official plant.

[29 F.R. 7859, June 20, 1964]

§ 70.15 Inspection in official plants; extent required.

All dressed poultry that is eviscerated in an official plant where inspection service is maintained shall be processed in a sanitary manner. Dressed poultry may be eviscerated in such plant without inspection for condition and wholesomeness but uninspected and inspected operations may not be carried on simultaneously except in plants where processing rooms (including packing rooms) are separate or when, by other acceptable means, effective segregation of inspected and uninspected product is maintained. Evisceration without inspection may be conducted only if an inspector or governmentally employed grader is on duty, at all times when such operations are carried on, for the purpose of (a) effecting adequate segregation of inspected and uninspected products, (b) control of official inspection marks and grade marks, and (c) supervision of sanitation in the official plant. No uninspected edible products or uninspected slaughtered rabbits shall be brought into such plant except as may be specifically approved by the Administrator upon written request and only for the purpose of rehandling, reconditioning, packaging, freezing, marking, and further distribution, and only if an inspector or governmentally employed grader is on duty, at all times when such operations are carried on, for the purpose of effecting adequate segregation of uninspected and inspected products and control of official inspection marks and grade marks.

[29 FR. 7859, June 20, 1964]

§ 70.16

Certification of dressed poultry.

With respect to any official plant, dressed poultry, as such, may be certified by a grader as having been processed, handled and packed in accordance with the minimum standards for sanitation, facilities, and operating procedures in official plants. However, in official plants which have available the services of an inspector who is authorized to inspect for condition and wholesomeness, such inspector is also authorized to certify dressed poultry, as such, as having been processed, handled, and packed in accordance with the minimum standards for sanitation, facilities, and operating procedures in official plants. Appropriate grading or inspection processing reports shall be issued with respect thereto as required by the regulations in this part. The bulk containers of such dressed poultry which has been certified as aforesaid, if to be officially identified, shall be marked for identification purposes as provided in § 70.93. All of the poultry that is processed in such official plant as dressed poultry, shall be prepared in accordance with the regulations in this part and under the supervision of a grader or inspector.

[18 F.R. 6914, Nov. 8, 1953, as amended at 29 F.R. 7859, June 20, 1964]

§ 70.17 Examination of ready-to-cook poultry which was not processed in official plants.

When approved by the Administrator, ready-to-cook poultry which was not processed in an official plant may be examined by a grader or inspector at terminal markets and other receiving points to determine (a) the type and condition of the containers of such poultry, (b) whether or not such poultry is in a frozen or fresh state, (c) the extent of visible damage in instances where the product has been subjected to rough and improper handling, and (d) the class and quantity of the product involved. Such poultry shall not be officially identified as a graded or inspected product. [18 F. R. 6914, Nov. 8, 1958]

§ 70.18 Authority to waive provisions of §§ 70.14 and 70.15.

The Administrator is authorized to walve the provisions of §§ 70.14 and 70.15 which pertain to the entry of uninspected edible products into offcial plants, in specific instances where

poultry is to be brought into compliance with a law under the provisions of a court order. Such poultry shall be handled in an official plant in accordance with such procedures as the Administrator may prescribe to insure proper segregation and identity of the poultry until it is shipped from the official plant.

[18 F. R. 6914, Nov. 8, 1958]

§ 70.19 Processing products for export.

With respect to processing of poultry and poultry food products that are exempted pursuant to Part 81 of this chapter, and are to be exported, the Administrator may waive any particular provision of the regulations in this part that conflicts with the contract specifications of the foreign importer, but such waiver shall not relieve such product of any requirement applicable to it under Part 81 of this chapter. Any product which was prepared for export on the basis of waived provisions pursuant to this section and which for some reason is not exported shall have all official marks removed therefrom and from the containers thereof prior to sale for domestic consumption.

[23 F. R. 10121, Dec. 24, 1958] § 70.20

Facilities to be furnished for use of graders and inspectors in performing service on a resident basis. Facilities for proper sampling, weighing, and examination of poultry, products, and other articles under the regulations in this part shall be furnished by the official plant for use of inspectors and/or graders in the performance of their duties under the regulations. [26 F.R. 6708, July 27, 1961]

§ 70.21 Prerequisites to grading and inspection.

Grading and inspection of products shall be rendered pursuant to the regulations in this part and under such conditions and in accordance with such methods as may be prescribed or approved by the Administrator.

[18 F.R. 6917, Nov. 3, 1953. Redesignated at 29 F.R. 7859, June 20, 1964]

§ 70.22 Accessibility of products.

Each product for which grading service or inspection service is requested shall be so placed as to disclose fully its class,

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Grading operating schedules for services performed pursuant to §§ 70.137 and 70.138 shall be requested in writing and be approved by the Administrator. Normal operating schedules for a full week consist of a continuous 8-hour period per day (excluding not to exceed 1 hour for lunch), 5 consecutive days per week, within the period of Monday through Saturday, for each shift required. Less than 8-hour schedules may be requested and will be approved if a grader is available. Sundays may not be approved in any tour of duty. Clock hours of daily operations need not be specified in the request, although as a condition of continued approval, the hours of operation shall be reasonably uniform from day to day. Graders are to be notified by management 1 day in advance of any change in the hours grading service is requested. [37 F.R. 12919, June 30, 1972]

§ 70.30

PERFORMANCE OF SERVICES

Licensed or authorized graders and inspectors.

(a) Any person who is a Federal or State employee, the employee of a local jurisdiction, or the employee of a cooperating agency possessing proper qualifications as determined by an examination for competency and who is to perform grading service under this part, may be licensed by the Secretary as a grader.

(b) Any person who is a Federal or State employee or the employee of a local Jurisdiction possessing proper qualifications as determined by an examination for competency, and who is to perform inspection services under this part, may be licensed or otherwise authorized by the Secretary as an inspector.

(c) All licenses issued by the Secretary shall be countersigned by the officer in charge of the poultry grading service or the poultry inspection service of the Agricultural Marketing Service or any other designated officer of such Service.

(d) Any person who is employed by any official plant and possesses proper qualifications as determined by the Administrator may be authorized to grade poultry on the basis of the U.S. classes,

standards, and grades under the supervision of a grader. No person to whom such authorization is granted shall have authority to issue any grading certificates, grading memoranda, or other offcial documents; and all products graded by any such person shall thereafter be check graded by a grader.

[29 F.R. 7859, June 20, 1964, as amended at 31 F.R. 2774, Feb. 16, 1966; 35 F.R. 19328, Dec. 22, 1970; 37 F.R. 12919, June 30, 1972] § 70.31 Suspension of license; revoca

tion.

Pending final action by the Secretary, any person authorized to countersign a license to perform grading or inspection service may, whenever he deems such action necessary to assure that any grading or inspection services are properly performed, suspend any license to perform grading or inspection service issued pursuant to this part, by giving notice of such suspension to the respective licensee, accompanied by a statement of the reasons therefor. Within 7 days after the receipt of the aforesaid notice and statement of reasons, the licensee may file an appeal in writing, with the Secretary, supported by any argument or evidence that he may wish to offer as to why his license should not be further suspended or revoked. After the expiration of the aforesaid 7-day period and consideration of such argument and evidence, the Secretary will take such action as he deems appropriate with respect to such suspension or revocation. When no appeal is filed within the prescribed 7 days, the license to perform grading or inspection service is revoked. [35 F.R. 19328, Dec. 22, 1970]

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§ 70.34 Financial interest of inspectors and graders.

No inspector or grader shall render service on any product in which he is financially interested.

[22 FR 8169, Oct. 16, 1957]

§ 70.35 Political activity.

All graders and inspectors are forbidden during the period of their respective appointments, or licenses, to take an active part in political management or in political campaigns. Political activity in city, county, State, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, is prohibited. This applies to all appointees, including, but not being limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Willful violation of §§ 70.30 to 70.35 will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees.

[35 F.R. 19328, Dec. 22, 1970]

APPLICATION FOR GRADING SERVICE OR
INSPECTION SERVICE

§ 70.40

Who may obtain grading service or inspection service.

An application for grading service or inspection service may be made by any interested person, including, but not being limited to, the United States, any State, county, municipality, or common carrier, and any authorized agent of the foregoing.

[18 F.R. 6915, Nov. 8, 1953]

§ 70.41 How application for service may be made; conditions of continuous service.

(a) Noncontinuous inspection or grading service on a fee basis. An application for any noncontinuous grading or inspection service on a fee basis may be made in any office of grading or inspection or with any grader or inspector at or nearest the place where the service is desired. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If the application for grading or inspection service is made orally, the office of grading or inspection or the grader or inspector with whom such application is made, or the Administrator, may require that the application be confirmed in writing.

(b) Continuous grading or inspection service on a resident basis or continuous grading service on a nonresident basis. An application for continuous grading or inspection service on a resident basis or for continuous grading service on a nonresident basis must be made in writing on forms approved by the Administrator and filed with the Administrator. Such forms may be obtained at the national, area or State grading or inspection office. In making application, the applicant agrees to comply with the terms and conditions of the regulations (including, but not being limited to, such instructions governing grading and inspection of products as may be issued from time to time by the Administrator). No member of or Delegate to Congress or Resident Commissioner shall be admitted to any benefit that may arise from such service unless derived through service rendered a corporation for its general benefit. [31 F.R. 2775, Feb. 16, 1966]

§ 70.42 Filing of application.

An application for grading service or inspection service shall be regarded as filed only when made pursuant to the regulations in this part.

[18 F.R. 6915, Nov. 3, 1953]

§ 70.43 Authority of applicant.

Proof of the authority of any person applying for grading service or inspection service may be required at the discretion of the Administrator.

[18 F.R. 6915, Nov. 3, 1953]

§ 70.44 Application for inspection service or grading service in official plants; approval.

Any person desiring to process and pack products in a plant under grading service or inspection service, or both, must receive approval of such plant and facilities as an official plant prior to the rendition of such service. An application for grading service or inspection service to be rendered in an official plant shall be approved according to the following procedure:

(a) Initial survey. When application has been filed for grading service or inspection service, as aforesaid, the area supervisor, or his assistant, shall examine the plant, premises, and facilities and shall specify any additional or necessary facilities required for the service. Appeals with respect to any such

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